VICTORIA TAYAG VS FELICIDAD TAYAG-GALLOR

G.R. No. 174680, March 24, 2008

FACTS:

On 15 January 2001, Felicidad A. Tayag-Gallor (Felicidad), filed a petition for the issuance
of letters of administration over the estate of Ismael Tayag (Ismael). She alleged that she is one of
the three (3) illegitimate children of the late Ismael and Ester C. Angeles. The decedent was
married to Victoria C. Tayag (Victoria) but allegedly did not have any children of their own. In
2000, Ismael died intestate, leaving behind two (2) real properties both of which are in the
possession of Victoria. Felicidad averred that Victoria has caused the annotation of affidavit
executed by Ismael declaring the properties to be her paraphernal properties which she intends to
dispose. Victoria opposed the petition, asserting that she purchased the properties using her own
money and that she is not planning to sell the properties. She prayed for the dismissal of the suit
alleging that Felicidad failed to state a cause of action. She also moved for a hearing on her
affirmative defenses averring that it is necessary to allege that Felicidad was acknowledged and
recognized by Ismael as his illegitimate child. The Motion was denied and the Court of Appeals
upheld the denial of the motion. Hence this petition.

ISSUE:

Whether or not Felicidad’s petition for the issuance of letters of administration sufficiently
states a cause of action considering that she merely alleged therein that she is an illegitimate child
of the decedent.

RULING:

Yes. The Supreme Court held that the allegation that Felicidad is an illegitimate child of
the decedent suffices even without further stating that she has been so recognized or
acknowledged. The petition in this case is a suit for the settlement of the intestate estate of Ismael
Tayag. The right of Felicidad to maintain such a suit is dependent on whether she is entitled to
successional rights as an illegitimate child of the decedent which may be established through
voluntary or compulsory recognition. In this case, Felicidad had not been given the opportunity to
present evidence to show whether she had been voluntarily recognized and acknowledged by her
deceased father because of Victoria’s opposition to her petition and motion for hearing on
affirmative defenses. There is, as yet, no way to determine if her petition is actually one to compel
recognition which had already been foreclosed by the death of her father, or whether indeed she
has a material and direct interest to maintain the suit by reason of the decedent’s voluntary
acknowledgment or recognition of her illegitimate filiation. Hence, the instant petition is denied
and the decision and resolution of the Court of Appeals are affirmed.